Serious Assaults

Question 1

Wounding with intent to cause GBH - Section 188(1) CA 1961

Answer 1

Everyone is liable to imprisonment for a term not exceeding 14 years who, with intent to cause grievous bodily harm to any one, wounds, maims, disfigures, or causes grievous bodily harm to any person

Question 2

Wounding with intent to injure or with reckless disregard - Section 188(2) CA 61

Answer 2

Everyone is liable to imprisonment for a term not exceeding 7 years who, with intent to injure anyone, or with reckless disregard for the safety of others, wounds, maims, disfigures, or causes grievous bodily harm to any person.

Question 3

Injures with intent to cause GBH - Section 189(1) CA 61

Answer 3

Everyone is liable to imprisonment for a term not exceeding 10 years who, with intent to cause grievous bodily harm to any one, injures any person.

Question 4

Injures with intent to injure or with reckless disregard - Section 189(2) CA 61

Answer 4

(2) Everyone is liable to imprisonment for a term not exceeding 5 years who, with intent to injure any one, or with reckless disregard for the safety of others, injures any person

Question 5

Injures by an unlawful Act - Section 190 CA 61

Answer 5

Everyone is liable to imprisonment for a term not exceeding 3 years who injures any other person in such circumstances that if death had been caused he or she would have been guilty of manslaughter.

Question 6

Aggravated wounding - Section 191(1) CA61

Answer 6

(1) Everyone is liable to imprisonment for a term not exceeding 14 years who with intent—
(a) to commit or facilitate the commission of any imprisonable offence; or

(b) to avoid the detection of himself or herself or of any other person in the commission of any imprisonable offence; or

(c) to avoid the arrest or facilitate the flight of himself or herself or of any other person upon the commission or attempted commission of any imprisonable offence—
wounds, maims, disfigures, or causes grievous bodily harm to any person, or stupefies or renders unconscious any person, or by any violent means renders any person incapable of resistance

Question 7

Assault on a child or by male on female - Section 194 CA 61

Answer 7

Every one is liable to imprisonment for a term not exceeding 2 years who—

(a) assaults any child under the age of 14 years; or
(b) being a male, assaults any female.

Question 8

Ill treatment or neglect of a child or vulnerable adult - Section 195A CA 61

Answer 8

(1) Everyone is liable to imprisonment for a term not exceeding 10 years who, being a person described in subsection (2), has frequent contact with a child or vulnerable adult (the victim) and—
(a) knows that the victim is at risk of death, grievous bodily harm, or sexual assault as the result of—
(i) an unlawful act by another person; or

(ii) an omission by another person to discharge or perform a legal duty if, in the circumstances, that omission is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies; and
(b) Fails to take reasonable steps to protect the victim from that risk.

(2) The persons are—
(a) a member of the same household as the victim; or
(b) a person who is a staff member of any hospital, institution, or residence where the victim resides

Question 9

Define assault - Section 2 CA 61

Answer 9

The act of intentionally applying or attempting to apply force to the person of another, directly or indirectly of threatening by any act or gesture to apply such force to the person of another, if the person making the threats has or causes the other to believe on reasonable grounds that he or she has the present ability to effect his or her purpose.

Question 10

Define person

Answer 10

Gender neutral, proven by judicial notice or circumstantial evidence

Question 11

Define intent

Answer 11

A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it.

Question 12

Define GBH

Answer 12

GBH can be defined simply as harm that is really serious

Question 13

Define maims

Answer 13

Will include mutilating, crippling or disabling part of the body so the victim is deprived of the use of a limb or one of the senses.

Question 14

Define disfigures

Answer 14

To deform, or deface, mar or alter the figure or appearance of a person.

Question 15

Define facilitate

Answer 15

To make possible, make easy or easier

Question 16

Define an imprisonable offence

Answer 16

An offence punishable by imprisonment for life or by a term of imprisonment

Question 17

Define avoid detection

Answer 17

The offender causes the specified harm to prevent himself or another person from being caught in the act

Question 18

Define renders unconcious

Answer 18

To render a person unconscious, the offender’s actions must cause the victim to lose consciousness.

Question 19

Define wound

Answer 19

Any rupture of the tissues of the body, internal or external can amount to a wound and whether or not it does is a matter of fact for determination in each case.

Question 20

Define reckless disregard for safety of others

Answer 20

While it is necessary to prove that the defendant foresaw the risk of injury to the others, it is not necessary that he recognised the extent of the injury that would result

Question 21

What was held in R v MOHAN

Answer 21

Intent involves a decision to bring about in so far as it lies within the accused’s power, the commission of the offence.

Question 22

What was held in R v WAAKA

Answer 22

A fleeting or passing thought it not sufficient, there must be a firm intent or purpose to effect an act.

Question 23

What was held in R v TAISALIKA

Answer 23

The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent

Question 24

What was held in DPP v SMITH

Answer 24

Bodily harm needs to explanation and grievous means no more and no less than really serious

Question 25

What was held in R v WATERS

Answer 25

A breaking of the skin would be commonly regarded as a characteristic of a wound. The breaking of the skin will be normally evidenced by a flow of blood and in its occurrence at the site of a blow or impact, the wound will more often than not be external. But there are those cases where the bleeding which evidences the separation of tissues may be internal.

Question 26

What was held in R v DONOVAN

Answer 26

Bodily harm includes and hurt or injury calculated to interfere with the health or comfort of the victim, it need not be permanent but must be more than merely trifling and transitory

Question 27

What was held in R v TIHI

Answer 27

In addition to one of the specific intents outlined in paragraphs a) b) or c), it must be shown that the offender either meant to cause the specified harm or foresaw that the actions undertaken by him were likely to expose others to risk of suffering it.

Question 28

What was held in R v WATI

Answer 28

There must be proof of the commission of attempted commission of a crime either by the person committing the assault or by the persons whose arrest of flight he intends to avoid or facilitate.

Question 29

What was held in R v STURM - intent

Answer 29

Under section 191(1)(a) it is not necessary for the prosecution to prove the intended crime was actually subsequently committed.

Question 30

What was held in R v STURM in regards to stupefy

Answer 30

To stupefy means to cause an effect on the mind or nervous system of a person, which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder the intended crime. Thus stupefies does not only describe a situation where a person is rendered senseless or unconscious but may also include circumstances where the administration of drugs has led to dis-inhibition and stimulated uncharacteristic behaviour.

Question 31

What was held in R v CROSSAN - incapable of resistance

Answer 31

Incapable of resistance includes a powerlessness of the will as well as a physical incapacity.

Question 32

Section 195 Ill-treatment or neglect of child or vulnerable adult

Answer 32

Every one is liable to imprisonment for a term not exceeding 10 years who, being a person described in subsection (2), intentionally engages in conduct that, or omits to discharge or perform any legal duty the omission of which, is likely to cause suffering, injury, adverse effects to health, or any mental disorder or disability to a child or vulnerable adult (the victim) if the conduct engaged in, or the omission to perform the legal duty, is a major departure from the standard of care to be expected of a reasonable person.

(2) The persons are—
(a) a person who has actual care or charge of the victim; or
(b) a person who is a staff member of any hospital, institution, or residence where the victim resides.

(3) For the purposes of this section and section 195A, a child is a person under the age of 18 years

Question 33

Aggravated Burglary - Section 232

Answer 33

(1) Everyone is liable to imprisonment for a term not exceeding 14 years who,—
(a) while committing burglary, has a weapon with him or her or uses anything as a weapon; or
(b) having committed burglary, has a weapon with him or her, or uses anything as a weapon, while still in the building or ship.